Ordinary Proceedure
The Ordinary Proceedure is typically used in Civil law cases where the value of the claim exceeds £5000. It can be brought in a Sheriff Court or the Outer House of the Court of Session. Appeals against a verdict in a Sherrif court can be appealed (on either fact or law) to the Sherrif Principal, alternatively the sherrif principal can be skipped in favour of the Inner House of the Court of Session, and then onto the Supreme Court. Proceedure #In Sheriff court cases, the Pursuer files an initial writ with the court (containing the pursuers Condecendance; this is checked by a clerk of the court. Following this check it is then warranted for service. For the Court of Session the Persuer will instead draft a Summons #The Persuer (or their solicitor) serve the writ on the Defender; or the Summons will be signated in the case of the Court of Session. The Defender has a period, usually 21 days to consider their response. #If the Defender takes no action, this would usually result in a verdict for the Pursuer. If they wish to defend they should lodge a Notice to defend with the court - thy may defend on the basis of either fact, or law. #The court then determines a date by which the defender must lodge their defence, and to allow both sides to adjust their arguments as necessary. This is usually at least 10 weeks. The Defender's response typically answers the pursuers condescendence, and contains any Pleas-in-law. In the Court of Session the filing of a defence will require the Persuer to lodge an Open Record, the adjustment period is typically open for 8 weeks, after which time the persuer has 4 weeks to lodge a Closed Record. #The Options Hearing typically follows 2 weeks after the deadline set previously. If there is no need for further adjustment, the court will then Close the record(finalise proceedings). It can be delayed once for a further 4 weeks. In the case of the Court of Session if both parties agree on the next action (Proceedure Roll, Proof/Proof before Answer, Jury Trial) this should be lodged with this, else the case will be put on by order roll. #For Sherrif court cases the court will then call for either a Proof or a Debate depending on the details in dispute. Where facts are in dispute, the proof will hear from witnesses and examine evidence on this; a debate similarly resolves points of law in dispute. If both are required the Pursuer must succeed in both (ie- prove their case in law and fact); the defender need only succeed in one. Typically a Debate will proceed a Proof, however a Proof before Answer may be called if the applicable law would vary depending on which version of the facts are true. #Alternatively, the Sherrif court can Sist (cease) the action completely at this point. Special Cases Personal Injury *The writ is simplified *The Proof is placed between 4 and 9 months after defences are lodged *There is no Options Hearing, instead a pre-proof conference takes place *Both parties must file a valuation of claim. Commercial Actions *Subject to Case Management *Defences to be lodged within 7 days after the end of the period of notice *A Case Management conference takes place 2-4 weeks following the end of the notice period. *Sheriff "Must seek to secure the expeditious resolution of the action", which allows a wide variety of orders. Family Actions *Can be passed to a mediator *Child Welfare Hearing compulsory in some cases. *Adjustments to allow for the childs view to be taken into account. Category:Civil law Category:Court Proceedures